2004

Guernsey Judgment 70/2004

16.04.2004

Guernsey International Trustees Ltd & Bennett v Virani

Royal Court

Taxation of costs in Royal Court and Court of Appeal proceedings - Royal Court (Costs and Fees) Rules, 2000 and Court of Appeal (Civil Division) (Costs and Fees) (Guernsey) Rules, 1964 - full and partial indemnity principle - litigant in person not entitled to recover an allowance for time spent in preparing or presenting his case - travel costs from Kenya and living expenses in the UK while pursuing the litigation - recovery of retainer fees charged by Kenyan Advocates

Guernsey Judgment 66/2004

31.12.2004

Warden v Fermain Legal Services Limited

Royal Court

Employment Protection (Guernsey) Law, 1998 - appeal from decision of Adjudicator rejecting an employee's complaint - whether complaint had been filed within one month of the effective date of termination of his employment - matter should not have been disposed of by way of a preliminary issue - remitted for hearing before a different Adjudicator

Guernsey Judgment 65/2004

30.12.2004

Angenent v Pring

Royal Court

Personal injuries claim - plaintiff's application for interim payment of £50,000 - present judgment limited to the issue of jurisdiction of the Royal Court to order such a payment - held that the Court has no inherent jurisdiction to order such a payment - desirable that provision should be made for an interim payment regime

Guernsey Judgment 64/2004

22.12.2004

I v I

Royal Court

Matrimonial law - application for ancillary relief - house and capital payment the crux of this case.

Guernsey Judgment 60/2004

15.12.2004

(1) Webster (2) Singleton, v Chairman of the Parole Review Committee

Royal Court

Parole Review Committee (Guernsey) Law, 1989 - judicial review of refusal to grant parole - Wednesbury unreasonableness alleged - legislative framework for parole - history of the legislation reviewed - lack of statutory guidance to the Committee - relevance of changes in English legislation - human rights issue - applications refused - need for Home Department to review the parole system in light of this judgment

Guernsey Judgment 59/2004

06.12.2004

Mourant v Ferguson

Royal Court

Law Reform (Tort) (Guernsey) Law, 1979 - medical negligence claim - cause of action time barred under section 5 - application for leave to proceed notwithstanding - the relevant legal principles - affidavit evidence considered - reason for delay - balancing exercise - leave granted to proceed

Guernsey Judgment 58/2004

23.11.2004

H v H

Royal Court

Matrimonial law - further orders and directions relating to implementation of orders for ancillary relief - application for leave to appeal to Court of Appeal from judgment dated 28th July, 2004 - principles to be applied - leave refused

Guernsey Judgment 57/2004

22.11.2004

F v F

Royal Court

Matrimonial law - contested divorce - wife/petitioner's complaint of unreasonable behaviour - provisional decree of divorce granted

Guernsey Judgment 56/2004

19.11.2004

De Carteret v States of Guernsey

Royal Court

Action alleging negligence - oil on the highway - Exceptions de Fond - extent of the States' liability at common law - distinction between misfeasance and nonfeasance - distinction between police and highway authority

Guernsey Judgment 55/2004

12.11.2004

Bathurst v Kleinwort Benson (Channel Islands) Trustees Limited et al

Royal Court

Trusts (Guernsey) Law, 1989 - applications for further stay in which to provide trust accounts - granted until 7th January, 2005

Guernsey Judgment 54/2004

12.11.2004

Van Leuven et al (Ozannes) v Virani & Virani

Royal Court

Civil action fixed for 7th February, 2005 - directions as to timetable set on 22nd October, 2004 - Defendants' application for extension of time - whether religious festivals or fasting, or illness of a party, were factors which should be taken into account - timetable adjusted - existing trial date confirmed

Guernsey Judgment 53/2004

03.11.2004

President of the States of Equatorial Guinea et al v Royal Bank of Scotland International Limited et al

Royal Court

Norwich Pharmacal disclosure order - application inter partes - Intervenor's application for discharge or stay of ex parte order made on 30th April, 2004 - held that the Royal Court is not precluded, in principle, from granting Norwich Pharmacal relief when no substantive proceedings are contemplated in Guernsey - exercise of discretion - order of 30th April stayed - Plaintiffs must consider what mechanisms might be put in place to give the Court control over information if it were to be disclosed

Guernsey Judgment 52/2004

02.11.2004

In re Triangle Loans Trust - Rysaffe Trustee Company (CI) Limited v Hexagon Trust Company (CI) Limited

Royal Court

Proceedings between trusts - trustee companies in common ownership - application by Rysaffe for direction to implement a proposed compromise of these proceedings - challenged by the beneficiaries of the Triangle Loans Trust - application granted

Guernsey Judgment 51/2004

29.10.2004

Carpenter v Administrator of Income Tax

Royal Court

Income Tax (Guernsey) Law, 1975 - plaintiff had successfully appealed to the Royal Court from a decision of the Guernsey Tax Tribunal (see Judgment 65/2003) - plaintiff's application for interest on the tax paid - whether this was pre-judgment interest under the Judgments (Interest) (Bailiwick of Guernsey) Law, 1985 - whether the Royal Court was functus officio - held not to be an appropriate case where a supplemental order for pre-judgment interest should be made

Guernsey Judgment 50/2004

29.10.2004

Duquemin & Duquemin v Dunstan Investments Limited

Royal Court

Real Property (Reform) (Guernsey) Law, 1987 - Loi relative à la Prescription Immobilière, 1909 - customary law of servitudes - application for rulings on preliminary issues of law

Guernsey Judgment 49/2004

28.10.2004

G v G

Royal Court

Matrimonial Law - wife/petitioner's application for maintenance and lump sum by way of ancillary relief

Guernsey Judgment 48/2004

28.10.2004

Law Officers of the Crown v David Wilson

Royal Court

Criminal appeal from the Magistrate's Court - assault, driving in a manner dangerous to the public and criminal damage - review of the evidence - test is whether the Magistrate's decision was obviously and palpably wrong - appeal dismissed

Guernsey Judgment 47/2004

20.10.2004

Island Star Limited v John Reid & Son (Structsteel)

Royal Court

Contract for building works - dispute over variation - Exception de forme in Plaintiff's Replique and Counterclaim - whether "playing games with pleadings" - principles as to the functions of particulars

Guernsey Judgment 46/2004

18.10.2004

In re X and the Registrar of the Ecclesiastical Court of the Bailiwick of Guernsey

Royal Court

Grant of probate by the Ecclesiastical Court - Law Reform (Miscellaneous Provisions) Guernsey Law, 1987 - Ecclesiastical Court (Jurisdiction) Bailiwick of Guernsey) Law, 1994 - application for disclosure of information held by the Registrar - heard ex parte - application granted

Guernsey Judgment 45/2004

15.10.2004

Law Officers of the Crown v Jamie Wai Con Pang

Royal Court

Criminal appeal from the Magistrates Court - sentence - supply of cannabis resin to another - whether disparity in sentence - co-offender had benefited from prosecution error misstating the weight of resin as 2.88 grams instead of 2.88 ounces - disparity arising from such an error would not give rise to an objectionable and justifiable grievance - appeal dismissed

Guernsey Judgment 44/2004

14.10.2004

Henry v Veloso

Royal Court

Civil appeal from the Magistrate's Court - dismissal of claim for £736.66 in respect of damage to a motor cycle - general duty on a judge or magistrate to give reasons for his decision - review of the Guernsey and English authorities - appeal dismissed

Guernsey Judgment 43/2004

06.10.2004

In re Brownstone Insurance (Guernsey) Ltd

Royal Court

Companies (Guernsey) Law, 1994 - Insurance Business (Bailiwick of Guernsey) Law, 2002 - liquidator's application for directions - admissibility of affidavits by arbitrators in civil trial pending before the Lieutenant Bailiff and Jurats - Loi relative aux Preuves, 1855 - Royal Court Civil Rules, 1989, Rule 43 - affidavits in the form submitted ruled to be inadmissible

Guernsey Judgment 42/2004

01.10.2004

IFS Investments Limited v Manor Park (Guernsey) Limited et al

Royal Court

Action in tort - strike out application by second defendant - whether the action disclosed no reasonable cause of action - legal principles in respect of strike out application under Rule 36 of the Royal Court (Civil) Rules, 1989 - "unless order" made - plaintiff to file application to amend the pleadings as regards the first conspiracy by 15th October, 2004, failing which the plaintiff's claim in that regard shall be struck out automatically

Guernsey Judgment 41/2004

20.09.2004

International Steel & Tube Industries v Masood

Royal Court

Application for strike-out and/or dismissal, alternatively that proceedings be stayed - allegation of abuse of process - hearing date fixed for 23rd September, 2004 - applicant's application that that date be vacated -application for strike-out to go ahead as fixed on 23rd September, 2004

Guernsey Judgment 38/2004

14.09.2004

Bathurst v Kleinwort Benson (Channel Islands) Trustees Limited et al

Royal Court

Trusts (Guernsey) Law, 1989 - administration and supervision of "Guernsey trusts" and "foreign trusts" - powers of the Royal Court to supervise and, where necessary, intervene - nature of a beneficiary's right or claim to disclosure of documents

Guernsey Judgment 37/2004

02.09.2004

Dinning v Ferbrache et al (Ozannes)

Royal Court

Action in tort - defendant's application that Ozannes, a firm of advocates, be restrained from acting for the plaintiffs in the substantive action - knowledge gained by advocate acting for a partner of the defendant in matrimonial proceedings - review of concepts of breach of confidence and misuse of private information - restraint order granted

Guernsey Judgment 36/2004

27.08.2004

Castle Company Management LLC v Guernsey Financial Services Commission

Royal Court

Regulation of Fiduciaries, Administration Businesses and Company Directors, etc. (Bailiwick of Guernsey) Law, 2000 - refusal by Commission of application for licence to conduct business as a fiduciary in Sark - dismissal of appeal by the Court of the Sénéschal - appeal to the Royal Court - principles in considering unreasonableness set out in ¬Walters v States Housing Authority 1997 24, GLJ, 76 - all four issues raised before the Deputy Sénéschal were matters of law and procedure - whether consultation in Sark adequate, information gathered improperly, legitimate expectation of grant of a licence and Commission's decision not its own - appeal dismissed

Guernsey Judgment 35/2004

24.08.2004

Pirito v Curth

Royal Court

Civil appeal from the Court of Alderney - order for eviction and interim vesting order - review of law on saisie - duties and obligations of the saisi hérédital - 'aids to navigation' for judicial law-making - leave granted to appeal out of time - appeal granted to extent that eviction order stayed to 30th September, 2004 and the making of the IVO postponed to 30th November, 2004, with leave to both parties to apply. [See also Judgment 23/2003]

Guernsey Judgment 34/2004

12.08.2004

E v E

Royal Court

Matrimonial Law - wife/petitioner's application for ancillary relief - consideration of factors set out in Section 25 of the Matrimonial Causes Act 1973 as amended - detailed review of the petitioner's complaints about conduct - the ante-nuptial agreement - level of Advocates' fees incurred by the parties

Guernsey Judgment 33/2004

15.07.2004

D v D

Royal Court

Matrimonial cause - wife's application for vesting order and other financial relief - husband did not attend and unrepresented - grant of vesting order and ancillary relief.

Guernsey Judgment 31/2004

01.07.2004

Shamurin v Base Metal Trading Limited et al

Royal Court

Security for costs - "unless orders" made on 1st June, 2004 - Plaintiff's application for extension of time and leave to appeal - inadequate information from the Plaintiff - applications dismissed [See also Judgment 21/2004]

Guernsey Judgment 30/2004

29.06.2004

Jersey Fishermens Association Limited et al v States of Guernsey

Royal Court

Sea Fish Licensing (Guernsey) Ordinance, 2003 - judicial review - whether ultra vires as respects British fishery waters between 3 and 12 miles from the relevant Guernsey - locus standi - delay - assistance of Policy Letters as travaux préparatoires - review of European Union, United Kingdom and Guernsey legislation - Guernsey not obliged under European law to introduce the licensing scheme - 2003 Ordinance held to be unlawful and of no effect

Guernsey Judgment 29/2004

29.06.2004

Jameel v Zerrouk, Zerrouk & Lloyds TSB Bank Offshore Limited

Royal Court

Freezing order - Respondent's application for living expenses - need for full and frank disclosure, including overseas assets

Guernsey Judgment 28/2004

23.06.2004

Universal Limos (Guernsey) Limited v Oilfield Consultants International Limited

Royal Court

Civil appeal from the Magistrates Court- claim for rent under a tenancy agreement - whether tenant had given notice of termination - doctrine of constructive notice - appeal dismissed, save that the sum awarded was reduced from £1,400 to £1,050

Guernsey Judgment 27/2004

16.06.2004

C v C

Royal Court

Matrimonial cause - variation of maintenance - application for costs

Guernsey Judgment 26/2004

15.06.2004

B v B

Royal Court

Matrimonial cause - financial relief - matrimonial home, etc. - division of assets and maintenance of children

Guernsey Judgment 25/2004

15.06.2004

Healthspan Limited v Healthy Direct Limited

Royal Court

Passing off action between two Guernsey companies - an application to stay proceedings on grounds of forum non conveniens - principles to be applied - other available forum, availability of witnesses - lis alibi pendens - defendant seeking negative declaration before an English court - relevance of trademark dimension - application for stay refused - alternative dispute resolution should however be considered, rather than litigation

Guernsey Judgment 24/2004

11.06.2004

Law Officers of the Crown v Luke James Ellis

Royal Court

Criminal appeal from the Magistrates Court - sentence for permitting another to drive a motor vehicle without third-party insurance - special reasons alleged why driving licence should not be suspended - appeal dismissed

Guernsey Judgment 23/2004

11.06.2004

IFS Investments Limited v Manor Park (Guernsey) Limited

Royal Court

Rule 36 of the Royal Court (Civil) Rules, 1989 - strike out application by the Fourth Defendant - whether no reasonable cause of action was disclosed - whether the action was an abuse of process - strike out application dismissed as respects the second alleged conspiracy and unlawful interference with the business interests of the Plaintiff and associated alleged loss - strike out application upheld in respect of the first alleged conspiracy, defamation and the claim for injunctive and declaratory relief. [See also Judgment 13/2004]

Guernsey Judgment 22/2004

08.06.2004

Law Officers of the Crown v Roger Charles Hatwell & Michael Peter Ogier

Royal Court

Criminal appeals from the Magistrates Court - sentences for driving having consumed excess alcohol - two appeals heard together - whether custodial sentence should be suspended - custody threshold for drink/driving offences - guidelines set - suspension of prison sentences imposed for drink/driving offences should be exceptional - circumstances of each offence, and the appellant's record, considered - both appeals dismissed

Guernsey Judgment 21/2004

01.06.2004

Shamurin v Base Metal Trading Limited et al

Royal Court

Rule 48 of the Royal Court (Civil) Rules 1989 - applications for security for costs - previous order on 9th March, 2004 that security be lodged, the proceedings to be stayed in the meantime - present applications for orders that unless security be lodged by the date fixed, the claims against the defendants shall be struck out - unless orders granted [See also Judgment 31/2004]

Guernsey Judgment 20/2004

23.04.2004

Law Officers of the Crown v Glen Michael Nicolle

Royal Court

Criminal appeal from the Magistrates Court - conviction for breach of the peace, resisting police and assault on police - review of the evidence - ingredients of the offence of breach of the peace - whether the verdict was unreasonable or could not be supported having regard to the evidence - appeal dismissed

Guernsey Judgment 18/2004

11.02.2004

Law Officers of the Crown v Kevin Peter Mauger

Royal Court

Criminal appeals from the Magistrate's Court - Protection of Children (Bailiwick of Guernsey) Law, 1985 - possession of indecent film of a child - as respects conviction the test was whether the decision was obviously and palpably wrong - appeal against conviction dismissed by the Deputy Bailiff - appeal against sentence subsequently dismissed by the Deputy Bailiff and Jurats

Guernsey Judgment 17/2004

06.01.2004

Law Officers of the Crown v Ian Louis Hutchinson

Royal Court

Criminal appeal from the Magistrate's Court - convictions for driving at a speed dangerous to the public and failing to stop when ordered to do so - evidence as to the identity of the driver - appeals dismissed.

Guernsey Judgment 16/2004

28.05.2004

Rothschild Trust Guernsey Ltd - re H Sossen 1969 Settlement

Royal Court

Trusts (Guernsey) Law, 1989 - trust deed omitted to provide for remuneration for a successor trustee - settler, since deceased, executed an indemnity in favour of the applicant as successor trustee - jurisdiction of the Royal Court on application to approve past remuneration and to verify the trust deed - factors to be taken into account - application granted

Guernsey Judgment 15/2004

20.05.2004

Courtney et al v Alderney Building Company (1992) Ltd

Royal Court

Court of Alderney (Appeals) Law, 1969 - civil appeals from findings of fact by the Alderney Jurats - jurisdiction of the Ordinary Court - circumstances in which Ordinary Court properly composed by a judge sitting alone - contractual dispute - whether the original contract had been replaced by a compromise agreement - whether there was credible evidence upon which the Jurats could have reached their factual conclusions - both appeals dismissed

Guernsey Judgment 14/2004

10.05.2004

Brown v Orion Trust Ltd

Royal Court

Royal Court (Courts and Fees) Rules, 2000 - application by Defendant Trustee for taxation of full indemnity costs - Beddoe's applications had been granted - determination as to the costs which are now to be met from the trust assets

Guernsey Judgment 13/2004

22.04.2004

IFS Investments Ltd v Manor Park (Guernsey) et al

Royal Court

Tort - injunction proceedings - allegation of conspiracy etc. - application that certain interlocutory matters be heard in private - open justice a fundamental principle - circumstances in which a restriction on disclosure may be appropriate - application dismissed

Guernsey Judgment 7/2004

31.03.2004

Butt v Brannan

Royal Court

Law Reform (Tort) (Guernsey) Law, 1979 - Civil Action - medical negligence claim - application for leave to amend pleadings - finding by Jurats on when the Plaintiff had acquired the relevant knowledge - subject to Section 8 of the 1979 Law, prescription took effect on 26th or 27th October 1999 - principles to be applied on application to amend - conditional leave granted to amend cause.

Guernsey Judgment 6/2004

26.03.2004

Hopkins v NRG Distribution

Royal Court

Employment Protection (Gsy) Law, 1988 - employee's appeal from decision of Adjudicator - appeal confined to a question of law - procedure followed at the hearing before the Adjudicator - no error of law in the way the Adjudicator reached her conclusions - appeal dismissed

Guernsey Judgment 5/2004

16.03.2004

Strawn v Hemery Trustees Ltd

Royal Court

Civil Action - Exceptions de Forme - further and better particulars - proceedings must be progressed to trial at a reasonable level of cost and within reasonably short time

Guernsey Judgment 4/2004

13.02.2004

Foley v The States of Guernsey Housing Authority

Royal Court

Housing (Control of Occupation) (Guernsey) Law, 1994 - appeal from decision of the Authority - request by Appellant for statistics to be provided by the Authority - application to the Royal Court for directions - whether information sought was reasonable or relevant - application for that further information refused

Guernsey Judgment 3/2004

17.01.2004

Law Officers of the Crown v The Constables of Sark & Gilman

Royal Court

Criminal convictions - Court of the Seneschal of Sark - application by the law Officers to Royal court to quash convictions - Human Rights - Fishing (Sark) Ordinance, 1996 - summons lacking in detail and bad for duplicity - convictions quashed

Guernsey Judgment 2/2004

27.02.2004

Guernsey Press Company Limited v Crocker

Royal Court

Employment Protection (Guernsey) Law, 1998 - employer's appeal from adjudicator's finding of unfair dismissal - relevance of post dismissal regulations for offering alternative employment - threat of withdrawal of redundancy offer

Guernsey Judgment 1/2004

26.02.2004

Law Officers of the Crown v Christopher Thomas Bullock

Royal Court

Criminal Appeal from the Magistrate's Court - conviction for wilful obstruction of police officer in the due execution of her duty